Amirhamzeh v. Wells Fargo Bank, N.A. et al

Filing 19

STIPULATION AND MODIFIED ORDER re 18 STIPULATION Continuing Initial Case Management Conference and Associated Deadlines filed by Trilegiant Corporation. Case Management Statement due by 9/16/2014. Case Management Conference set for 9/23/2014 10:00 AM in Courtroom 4, 17th Floor, San Francisco. Signed by Judge Vince Chhabria on 7/23/2014. (knm, COURT STAFF) (Filed on 7/24/2014)

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JOSEPH E. FLOREN (SBN 168292)
MORGAN, LEWIS & BOCKIUS LLP
One Market, Spear Street Tower
San Francisco, CA 94105-1126
Tel: [phone]
Fax: [phone]
E-mail: [e-mail]

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Attorney for Defendant Trilegiant Corporation
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA – SAN FRANCISCO DIVISION

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ASHLEY AMIRHAMZEH, individually,
and on behalf of all others similarly situated,

Hon. Vince Chhabria

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Plaintiff,

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Case No. 3:14-cv-02123-VC

vs.
WELLS FARGO BANK, N.A.,
TRILEGIANT CORPORATION, a
Delaware corporation, and DOES 1 through
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STIPULATION [AND PROPOSED]
ORDER CONTINUING INITIAL CASE
MANAGEMENT CONFERENCE AND
ASSOCIATED DEADLINES AS
MODIFIED

Defendants.

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WHEREAS, Plaintiff Ashley Amirhamzeh (“Plaintiff”) filed her Class Action Complaint

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in this action on May 8, 2014, naming as Defendants Wells Fargo Bank, N.A. and Trilegiant

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Corporation (individually “Defendant” and collectively “Defendants”);

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WHEREAS, the Court entered an Initial Case Management Scheduling Order on June 3,

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2014, which set a Case Management Conference for August 12, 2014 and required the parties to

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file a Joint Case Management Statement by August 5, 2014;

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WHEREAS, Plaintiff filed a First Amended Class Action Complaint on June 9, 2014
before serving either Defendant with the original Class Action Complaint;
WHEREAS, Defendants were thereafter served with process and the First Amended Class
Action Complaint, and have sought and obtained extensions of time to respond to the First

M ORGAN , L EWIS &
B OCKIUS LLP

STIPULATION AND [PROPOSED] ORDER
CONTINUING INITIAL CASE MANAGEMENT
CONFERENCE (3:14-CV-02123-VC)

ATTO RNEY S AT LAW
SAN FRA NCI S CO

DB1/ 80061749.2

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Amended Class Action Complaint, such that their responses are currently due on August 8, 2014;
WHEREAS, Defendants intend to respond to the First Amended Class Action Complaint
by moving to stay the action in its entirety and to and compel individual arbitration of Plaintiff’s
claims pursuant to applicable law including the Federal Arbitration Act, 9 U.S.C. §§ 3, 4, and in
the alternative, for dismissal of Plaintiff’s claims under Rule 12 of the Federal Rules of Civil
Procedure;
WHEREAS, the parties believe it would be most efficient to continue the Case
Management Conference, and all other deadlines set forth in the Initial Case Management
Scheduling Order, pending the hearing on Defendants’ forthcoming motions; and
WHEREAS, Local Rule 16-2(e) requires Court approval of any stipulation to vary the
date of a Case Management Conference,
NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between
all parties, through their undersigned counsel, and subject to the Court’s approval, as follows:
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The Case Management Conference currently set for August 12, 2014, will be

continued to the hearing date for Defendants’ motions in response to the First Amended Class
Action Complaint, or such date shortly thereafter as may be selected by the Court, depending on
the Court’s preference and availability. All other deadlines set forth in the June 3, 2014 Initial
Case Management Scheduling Order, including the deadline for the parties to submit a Joint Case
Management Statement, are continued accordingly.

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M ORGAN , L EWIS &
B OCKIUS LLP
ATTO RNEY S AT LAW

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SAN FRA NCI S CO

DB1/ 80061749.2

STIPULATION AND [PROPOSED] ORDER
CONTINUING INITIAL CASE MANAGEMENT
CONFERENCE (3:14-CV-02123-VC)

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IT IS SO STIPULATED.

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Dated: July 18, 2014

MORGAN, LEWIS & BOCKIUS LLP

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By /s/ Joseph E. Floren
Joseph E. Floren
Attorneys for Defendant Trilegiant
Corporation

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Dated: July 18, 2014

HANSON BRIDGETT LLP

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By /s/ Gilbert J. Tsai
Gilbert J. Tsai
Attorneys for Defendant Wells Fargo
Bank, N.A.

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Dated: July 18, 2014

LAW OFFICES OF J. KIRK DONNELLY,
APC

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By /s/ J. Kirk Donnelly
J. Kirk Donnelly
Attorneys for Plaintiff

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ATTESTATION PER LOCAL CIVIL RULE 5-1(i)(3)
I am a signatory to this document and am the person whose ECF user ID and password are

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being utilized in its electronic filing with the Court. I hereby attest that concurrence in the filing

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of this document has been obtained from each of the other signatories hereto. I declare under

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penalty of perjury under the laws of the United States that the foregoing is true and correct.

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Executed this 18th day of July 2014 at San Francisco, California.

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/s/Joseph E. Floren
Joseph E. Floren

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M ORGAN , L EWIS &
B OCKIUS LLP
ATTO RNEY S AT LAW

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SAN FRA NCI S CO

DB1/ 80061749.2

STIPULATION AND [PROPOSED] ORDER
CONTINUING INITIAL CASE MANAGEMENT
CONFERENCE (3:14-CV-02123-VC)

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ORDER
PURSUANT TO STIPULATION, AND GOOD CAUSE APPEARING, THE
COURT ORDERS AS FOLLOWS:
The Case Management Conference scheduled in this action for August 12, 2014 is
continued until a date to be determined by the Court, on or shortly after the hearing date for
Defendants’ motions in response to the First Amended Class Action Complaint. All other
deadlines set forth in the June 3, 2014 Initial Case Management Scheduling Order, including the
deadline for the parties to submit a Joint Case Management Statement, are continued accordingly.
The case management conference scheduled for August 12, 2014 is continued to
September 23, 2014, at 10:00 a.m., with a joint case management statement to be filed by no later
than September 16, 2014. Should the parties file any motions prior to the due date of the joint
case management statement, they may file a stipulation and proposed order to continue the case
management conference to the date and time of the hearing.
IT IS SO ORDERED.

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Dated: July 23, 2014
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Hon. Vince Chhabria
United States District Judge

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M ORGAN , L EWIS &
B OCKIUS LLP
ATTO RNEY S AT LAW

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SAN FRA NCI S CO

DB1/ 80061749.2

STIPULATION AND [PROPOSED] ORDER
CONTINUING INITIAL CASE MANAGEMENT
CONFERENCE (3:14-CV-02123-VC)